A woman who was crushed under a large construction gate is claiming $100,000 in damages over her ordeal.
A woman who was crushed under a large construction gate is claiming $100,000 in damages over her ordeal.

Pedestrian crushed by metal gate sues builder

A woman who was crushed under a steel gate outside a city construction site has filed a $100,000 injury claim that accuses a major developer and her university employer of failing to eliminate the danger.

Eden Hills woman Swati Irani and another woman were walking past the Lendlease building site of the University of Adelaide's Medical and Nursing School on North Terrace in October 2016, when a construction gate being manually moved landed on them and pinned them.

The pair suffered serious injuries and were taken to the Royal Adelaide Hospital for treatment.

In a District Court personal injury claim, Ms Irani - an Adelaide Uni research officer - alleges the incident was caused by the "negligence/and or breach of statutory duty" by Lendlease "and/or" the university.

Among injuries she says she suffered were a broken pelvis, fractured vertebrae, facial wounds and psychological damage.

She says she has endured several surgical procedures, and has suffered and will "continue to suffer" pain, discomfort, disturbed sleep, speech and concentration problems, fertility issues, reduced work capacity and a reduced ability to perform and enjoy social activities.

"As a result of her injuries and disabilities, the plaintiff has required treatment including but not limited to reviews with her GP and treating surgeons, physiotherapy, medical imaging investigations, transfer via ambulance to hospital and hospitalisation," the claim says.

 

SafeWork SA announced in 2018 it would not press charges against Lendlease over the gate collapse which injured university employee Swati Irani and another woman.
SafeWork SA announced in 2018 it would not press charges against Lendlease over the gate collapse which injured university employee Swati Irani and another woman.

In her claim, Ms Irani says she will require continued daily living care and will "continue to suffer a loss of earning capacity" due to the incident.

Among the damages for which she is seeking payment are pain and suffering, loss of amenities, past and present economic loss, medical expenses and future care.

She accuses the university, Lendlease or their agents of failing to eliminate hazards at the building site.

Ms Irani has been given an extension until October 10 to serve her civil action against Lendlease and the university.

Ms Irani could not be reached for comment either directly or through her lawyer.

 

 

A Lendlease spokeswoman said that safety across its worksite was the company's "number one priority" but could not comment further given the legal matter was ongoing.

A university spokeswoman said the institution was not in occupation of the site or building when the accident happened and that it had provided ongoing support to its injured employee.

"The university has not been served with any formal legal claim at this time," she said.

In October 2018, SafeWork SA announced it would not lay charges against Lendlease citing "insufficient admissible evidence to substantiate charges".

renato.castello@news.com.au

 

 

 

Originally published as Pedestrian crushed by metal gate sues uni and builder


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